Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35554 WP No. 19228 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19228 OF 2026 (GM-CPC) BETWEEN:
SRI. RAVI. N. SHANKAR S/O.NATESH IYER AGED ABOUT 69 YEARS R/A.NO.38, STERLING HEIGHTS SUIT 201, 9TH CROSS, 11TH MAIN MALLESHWARAM, BENGALURU-03 …PETITIONER (BY SMT.PRIYA A., ADVOCATE FOR SRI.NITIN A.M., ADVOCATE)
AND:
1.
SMT. S. ANITHA W/O.N.SREENIVAS AGED ABOUT 55 YEARS R/A 208, 2ND MAIN, MAHALAKSHMI LAYOUT BENGALURU-560 086
2.
SRI. N. SREENIVAS S/O.NARAYANA SHETTY AGED ABOUT UNKNOWN NO.43/1, TUMKUR ROAD YESHWANTHAPURA, BENGALURU-22
3.
M/S VAISHNAVI INFRASTRUCTURE CORRIDOR ENTERPRISES PVT. LTD.,
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:35554 WP No. 19228 of 2026
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, NO.43/1, TUMKUR ROAD, YESHWANTHAPURA BENGALURU-22 REPRESENTED BY ITS MANAGING DIRECTOR
4.
SMT. UMA SREENIVAS W/O OF SRI. N. SREENIVAS AGED ABOUT UNKNOWN NO.43/1, TUMKUR ROAD YESHWANTHAPURA, BENGALURU-22
5.
VAISHNAVI MANDARA APARTMENT OWNERS WELFARE ASSOCIATION HAVING ADDRESS AT NO.46, BEARING PID NO.11-59-46, INDUSTRIAL SUBURB, 3RD CROSS ROAD, 2ND STAGE, YESHWANTHAPURA, BENGALURU-560 022 …RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASHING AND SETTING ASIDE THE ORDER DATED 03.06.2026 PASSED BY THE LEARNED TRIAL COURT IN IA NO. 2/2025 IN OS NO.
8853/2025 i.e., ANNEXURE-D TO THE EXTENT IT DIRECTS FRESH ISSUANCE OF NOTICE ON IA NO. 2/2025.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:35554 WP No. 19228 of 2026
ORAL ORDER
The present writ petition is filed challenging the order dated 03.06.2026 passed in OS.No.8853/2025 by the XLI Addl. City Civil & Sessions Judge, Bengaluru, whereby the trial court
directed the issuance of notice to the defendants on I.A.No.2. The Plaintiff is before this court.
2. Learned counsel appearing for the petitioner submits that by orders dated 28.01.2026 and 29.04.2026, defendant Nos. 2 to 5 and defendant No. 1 were placed ex parte, respectively. It is submitted that when an Ad-interim injunction is granted and the petitioners file an application seeking police protection, the trial court again orders notice to the respondent. It is submitted that, since the defendants were already set ex parte, the question of issuing notice to the defendants will not arise.
3. This court has perused the order sheet. From the order sheet, it appears that the trial court has placed the defendants ex parte by Orders dated 28.01.2026 and 29.04.2026.
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HC-KAR NC: 2026:KHC:35554 WP No. 19228 of 2026
In that view of the matter, this court is passing the following:
ORDER i. The order passed in OS.No.8853/2025 dated 03.06.2026 by the XLI Addl. City Civil & Sessions Judge, Bengaluru is set aside. ii. The writ petition is disposed of directing the trial court to consider IA.No.2 on the merits. iii. Pending I.As. in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
TS List No.: 1 Sl No.: 43